92Requirements before certain powers can be exercised

92 Requirements before certain powers can be exercised (1) This section applies if an authorised person intends to exercise any of the following powers: (a) giving a direction under section 94 (1) (Direction to give information); (b) giving a direction under section 95 (1) or (2) (Direction to give name and address); (c) entering premises under section 96 (1) (b) or (c) (Powers of authorised person to enter premises); (d) giving a direction under section 98 (1) (e) (General powers on entry to premises). (2) Before exercising the power, the authorised person must— (a) either— (i) show their identity card to the affected person; or (ii) if the authorised person intends to exercise the power other than in person—provide other evidence of the authorised person’s identity to the affected person; and (b) tell the affected person the reason for exercising the power; and (c) tell the affected person about any relevant offence in relation to the power. Examples—exercise of powers other than in person 1 an authorised person emails a person giving them a direction to give information 2 an authorised person emails a person asking for consent to enter and search the person’s premises using a remote-controlled surveillance device

Exercise of powers generally Division 8.2 (3) The authorised person must ensure the matters mentioned in subsection (2) are communicated in a way that the authorised person believes the affected person is likely to understand. affected person, in relation to the exercise of a power under this part, means— (a) the individual affected by the exercise of the power; or (b) if the person is not an individual—an employee, officer or agent of the person affected by the exercise of the power. relevant offence means an offence against— (a) for a direction under section 94 (1)—section 94 (2); or (b) for a direction under section 95 (1) or (2)—section 95 (3); or (c) for a direction under section 98 (1) (e)—section 98 (2).